Pemberton v. USP Marion

S.D. Illinois

Pemberton v. USP Marion

DecidedFebruary 4, 2022

Docket3:21-cv-01458

StatusUnknown

This text of Pemberton v. USP Marion (Pemberton v. USP Marion) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pemberton v. USP Marion, (S.D. Ill. 2022).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

DEVIN A. PEMBERTON, #67123-018 ) ) Plaintiff, ) ) vs. ) Case No. 21-cv-1458-DWD ) USP MARION, et al ) ) Defendants. )

ORDER OF DISMISSAL

DUGAN, District Judge: On January 11, 2022, Plaintiff was ordered to pay the filing fee of $402.00 on or before January 26, 2022, and he was warned that failure to comply would result in dismissal of the action. (Doc. 11). To date, Plaintiff has failed to pay the filing fee. Therefore, this action is DISMISSED without prejudice for failure to comply with an Order of this Court. See FED. R. CIV. P. 41(b); Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). Plaintiff’s obligation to pay the $402.00 filing fee for this action was incurred at the time the action was filed. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). Accordingly, the agency having custody of Plaintiff is directed to remit the $402.00 filing fee from his prison trust fund account if such funds are available. If he does not have $402.00 in his account, the agency must send an initial payment of 20% of the current balance or the average balance during the past six months, whichever amount is higher. Thereafter, the agency shall begin forwarding monthly payments of 20% of the preceding month’s income credited to Plaintiff’s trust fund account (including all deposits to the inmate account from any source) until the statutory fee of $402.00 is paid in its entirety. The agency having custody of Plaintiff shall forward payments from his account to the Clerk of Court each time his account exceeds $10.00 until the $402.00 filing fee is paid. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Marion United States Penitentiary upon entry of this Order. The Clerk is DIRECTED to close this case. IT IS SO ORDERED. DATED: February 4, 2022 L.

David W. Dugan US. District Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

DEVIN A. PEMBERTON, #67123-018 ) ) Plaintiff, ) ) vs. ) Case No. 21-cv-1458-DWD ) USP MARION, et al ) ) Defendants. )

ORDER OF DISMISSAL

DUGAN, District Judge: On January 11, 2022, Plaintiff was ordered to pay the filing fee of $402.00 on or before January 26, 2022, and he was warned that failure to comply would result in dismissal of the action. (Doc. 11). To date, Plaintiff has failed to pay the filing fee. Therefore, this action is DISMISSED without prejudice for failure to comply with an Order of this Court. See FED. R. CIV. P. 41(b); Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). Plaintiff’s obligation to pay the $402.00 filing fee for this action was incurred at the time the action was filed. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). Accordingly, the agency having custody of Plaintiff is directed to remit the $402.00 filing fee from his prison trust fund account if such funds are available. If he does not have $402.00 in his account, the agency must send an initial payment of 20% of the current balance or the average balance during the past six months, whichever amount is higher. Thereafter, the agency shall begin forwarding monthly payments of 20% of the preceding month’s income credited to Plaintiff’s trust fund account (including all deposits to the inmate account from any source) until the statutory fee of $402.00 is paid in its entirety. The agency having custody of Plaintiff shall forward payments from his account to the Clerk of Court each time his account exceeds $10.00 until the $402.00 filing fee is paid. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Marion United States Penitentiary upon entry of this Order. The Clerk is DIRECTED to close this case. IT IS SO ORDERED. DATED: February 4, 2022 L.

David W. Dugan US. District Judge

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